Thursday, June 22, 2006

And So It Begins...

Sometimes you've got to take a stand. Sometimes you need to defend you rights. Sometimes you need to prove your point. Sometimes you just need to realise enough is enough.

With all this in mind then I have started the ball rolling with regard to the person who has been ripping my knitting for long enough.

All I can say is that this involves an employer and their lack of any knowledge as to how to employ. It all began innocently enough but after pissing me off for long enough I decided to check the legal angle as to the position I found myself in just to satisfy my own curiosity and discovered that my employer has broken some fundamental legal rules, which is as I suspected anyway. The thing is though that it's not just me that they're breaking rules with. Others are beign shafted in a similar way. Here's a wee example of some of the legal requirements (rules) they have/are breaking...

  • Failing to adhere to stautory laws regarding the entitlement of adult workers to a rest break during working hours. " You are entitled to a rest break where your daily working time is more than six hours. The rest break will be for an uninterrupted period of not less than 20 minutes and you will be entitled to spend that break away from your work station. Guidelines state that the break should be taken during the six hour period, (not at the beginning or end of it)"
  • Failing to provide a written statement of terms. "The law states that certain express terms must be put in writing and handed to the employee in the form of a written statement within eight weeks of starting work and certainly where requested by an employee"
  • Failing to support the rights of those with dependants. "The Employmenrt Rights Act entitles all employees to dependents leave, specifically, to reasonable time off work to help or look after a dependant in certain circumstances. This includes for the provision of emergency childcare"
  • Failing to follow a standard diciplinary procedure. "Guidelines established over the years have emphasised the need for employers to operate fair procedures and compliance with the ACAS code of practice on discipline and grievance. Each employer should have a minimum grievance and discipline policy and this must be used before any form of dismissal can take place unless done on reason of gross misconduct (gross misconduct reasons for dismissals must be written and available to employees)"

So today the first step on what could be a long, bumpy road was taken. The letter is in the post and the outcome is awaited. The contents of that outcome will determine what happens next.

Jenny xx


Wreckless said...

I thought this had to do with the ex. Assumed......

However, I read with interest your breakdown of the situation, and applaud your strenght to go ahead and do something about it.
As you have done, some research goes a long way. However, interpretation of these rules / regulations may be subjective. On the outset, if the offender has transgressed any of these basic fundamentals, you would have a good position to challenge them on it.
It does create a secondary situation where continued employment at the place would become either unbearable or impossible. It could mean you would be suspended (with full pay) pending the outcome, or they could try to create a scenarion where you would leave (constructive dismissal we call it here).
Either way, I am proud to know someone who will stand up for their rights, and be heard. Which ever way it goes, you will have proven that you have morals, pride, dignity and good values.
I commend you.
You have my full support in this and I trust that you will be successful.


Steven Douglas said...

"Hell hath no fury like a woman scorned"...I think the saying goes. Good for you, Jen, stand up to whomever it is. It's a pity that there's a lot more instances like this that are treated with complacency rather than actions, as then there would be a lot less hassles in the workplace.

Best of Scots luck on your case...